Which of the following is NOT a bail test under the Bail Act 2013 (NSW)?

• A. Automatic right to release
• B. Show cause test
• C. Unacceptable risk test
• D. Presumption of bail

Answer: (D)

The main principle at work is that bail decisions under the NSW Bail Act 2013 revolve around two explicit tests used to decide whether bail should be refused: the show cause test and the unacceptable risk test. The show cause test requires the accused to show cause why bail should not be granted in particular circumstances, and if they cannot show such cause, bail can be refused. The unacceptable risk test requires the court to be satisfied that releasing the person would pose an unacceptable risk to the community, to safety, or to the likelihood of appearing in court. The option describing a presumption of bail reflects a general tendency that bail should be granted unless there are grounds to refuse, but it is not one of the formal tests named in the Act. Therefore, presumption of bail is not a bail test under the Bail Act 2013 (NSW).